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I entered a contract for a new kitchen including the provision of appliances. This was all on one contract and was not individually itemised. Payment was by cash and bank transfer as the kitchen company (KC) would not accept credit cards so there is no recourse through a bank. This is about the tall integrated frost-free freezer and its failure on three separate occasions with the exact same fault. The main selling point from the KC was that it came with an extended 2yr labour and 10 yr parts guarantee.
My contract is with the KC and the Manufacturers Guarantee (MF) stated that it does not override my statutory rights, or something along those lines.
First Failure
The first breakdown was at 7 months. The compressor started making a loud noise, but the manual said this could happen at times of high temperature when it had to work harder in the heat and it was a hot summer. A few days later we opened the freezer to find the contents in various stages of defrosting. We assumed we may have accidentally left the door slightly ajar but then realised that the alarm indicator had not sounded to warn of this, there was no silenced alarm indicator on the panel; and that the main control panel said the temperature was -18, which it clearly wasn't as everything had defrosted and the manual thermometer inside said 0 degrees. The control panel rarely responded to buttons pressed and so it was difficult to try options, but we did not realise this until after the event. The clock on the adjoining oven was still correct, so we had not had a power cut.
We turned it on and off, set it to quick freeze with some difficulty as the control panel was pretty unresponsive but the indicator clearly showed -22 and we left it for 24 hrs with the manual thermometer inside. 24hrs later good were still defrosted, the independent manual thermometer showed 0 degrees and the control panel showed -22.
We contacted the KC by email and explained the issue and their response was that we needed to claim on the manufacturer guarantee (which we had registered at the time of purchase) as they said they couldn't really do this for us as we would need to liaise on our availability for the engineers visit. I claimed upon the guarantee and the freezer was repaired as it had a faulty control panel. We lost a full freezer of food, but due to the excess on our home insurance it wasn't worthwhile claiming.
During conversations with the customer service team, they advised that should they attend and find that the fault was down to us not defrosting the freezer they would charge us for the visit. My response was that it was a frost-free model and the instruction manual said we would never need to defrost again. So, I was puzzled as to why I would be responsible for defrosting it and it was a moot point anyway as it had spontaneously defrosted without our intervention. Apparently, the frost-free freezer needs to be defrosted every 6mths or so and this was recorded in writing in the call transcript.
2nd Failure
Month 12 from installation the freezer, the freezer broke down in exactly the same manner. We rang and then emailed the kitchen company, and they again referred us to claim under the manufacturers guarantee but I refused a repair and said I wanted a replacement, but they would not agree to this.
I reverted to the KC and explained I did not feel the product was as advertised (not Frost Free), was not fit for purpose as it didn't keep things frozen and was not durable as it had broken down twice in 12mths and stated I wanted a replacement and that I understood my statutory rights were with the KC not the under the MF . They agreed to intervene and said they would come back in a couple of days with a way forward. The way forward was that the freezer was to be replaced and the manufacturer would be in touch to arrange an installation visit as under the terms of the guarantee, any post sale intervention has to be with their approved engineers or the guarantee was void. This is in an email exchange between me and the kitchen company (KC). The freezer was installed by the manufacturers engineer after three weeks.
3rd failure
2.5 years after the purchase of the original freezer but only 1.5 years after the receipt of the new freezer, it failed again in the exact same way. I contacted the KC and they said I needed to claim under the MG. I did and they said the labour element of the guarantee had now lapsed so I would have to pay for the labour element of the visit or I could buy a new warranty. I said I did not want a repair, I wanted a replacement by an alternative model as after having lost three full loads of food and already having accepted a repair and replacement, I felt I had been reasonable but that it was evident there was an inherent fault with the control panel and a repair or like for like replacement was no longer acceptable. They declined and so I went back to the KC and said my contract was with them and that I was rejecting the freezer under CRA15. I explained that the freezer was available for them or the manufacturers to inspect but neither took me up on the offer.
They initially came back and said that under clause 16 of their contract it states that appliances are not covered by their guarantee and as such the only options on the table were those offered by the manufacturer, which they felt were reasonable. I replied drawing their attention to section 26 of their contract which said that my statutory rights were not affected by anything in the contract and that being the case, as I had contracted to and paid them, it was them that needed to refund me and not the manufacturer.
They them came back to me and said that they had consulted with their legal team and the manufacturer as the manufacturer had replaced the freezer upon the 2nd failure, it had a different serial number to that provided by them and so I had no recourse from them, any claim was against the manufacturer.
I responded saying my contract was with them and as such they were responsible for effecting the solution and not under the terms of the MG. I offered them the opportunity to use their trade account to buy an alternative make of freezer, of comparable range and they declined. It was a burning hot summer and in that notice before action, I stated that if they could not help me, I would buy a new freezer and put on a claim with the small claims court for a refund of the monies paid for the freezer, the associated small claims costs, interest and for the final load of food lost (£200). They stuck to their guns and said the responsibility lay with the manufacturer. I had emailed the manufacturer, and they advised me that anything above their two offers was with the KC with whom my rights remained.
I have issued a claim in the small claims court as per the above and I am aware that there could be a deduction made for my 2.5 years use of the freezer but I asked that the judge considers not applying the discount for use as the freezer had broken down on three occasions, I had offered various alternatives that would be less costly for the KC, I had lost the use of my freezer for approximately 2 months during the 2.5 years and that I had lost three full loads of food, only the last of which I was claiming for. I had also had to take 5 days off work to be available for the engineer.
I have copies of all the communications, including a list of the final lost contents of the freezer, with photos/videos and some receipts.
In their defence the kitchen company have sent a video of a one sided telephone conversation where the kc can be heard saying that if they do not replace the freezer I will come after them and confirming that the manufacturer will only leave the two solutions on the table which both offer a potential repair and which I have rejected. You have no idea who they are talking to, when or for how long, you simply have to take their word that they are talking to the manufacturer.
I am now concerned that they are so adamant they are right, what do you think please?
.
My contract is with the KC and the Manufacturers Guarantee (MF) stated that it does not override my statutory rights, or something along those lines.
First Failure
The first breakdown was at 7 months. The compressor started making a loud noise, but the manual said this could happen at times of high temperature when it had to work harder in the heat and it was a hot summer. A few days later we opened the freezer to find the contents in various stages of defrosting. We assumed we may have accidentally left the door slightly ajar but then realised that the alarm indicator had not sounded to warn of this, there was no silenced alarm indicator on the panel; and that the main control panel said the temperature was -18, which it clearly wasn't as everything had defrosted and the manual thermometer inside said 0 degrees. The control panel rarely responded to buttons pressed and so it was difficult to try options, but we did not realise this until after the event. The clock on the adjoining oven was still correct, so we had not had a power cut.
We turned it on and off, set it to quick freeze with some difficulty as the control panel was pretty unresponsive but the indicator clearly showed -22 and we left it for 24 hrs with the manual thermometer inside. 24hrs later good were still defrosted, the independent manual thermometer showed 0 degrees and the control panel showed -22.
We contacted the KC by email and explained the issue and their response was that we needed to claim on the manufacturer guarantee (which we had registered at the time of purchase) as they said they couldn't really do this for us as we would need to liaise on our availability for the engineers visit. I claimed upon the guarantee and the freezer was repaired as it had a faulty control panel. We lost a full freezer of food, but due to the excess on our home insurance it wasn't worthwhile claiming.
During conversations with the customer service team, they advised that should they attend and find that the fault was down to us not defrosting the freezer they would charge us for the visit. My response was that it was a frost-free model and the instruction manual said we would never need to defrost again. So, I was puzzled as to why I would be responsible for defrosting it and it was a moot point anyway as it had spontaneously defrosted without our intervention. Apparently, the frost-free freezer needs to be defrosted every 6mths or so and this was recorded in writing in the call transcript.
2nd Failure
Month 12 from installation the freezer, the freezer broke down in exactly the same manner. We rang and then emailed the kitchen company, and they again referred us to claim under the manufacturers guarantee but I refused a repair and said I wanted a replacement, but they would not agree to this.
I reverted to the KC and explained I did not feel the product was as advertised (not Frost Free), was not fit for purpose as it didn't keep things frozen and was not durable as it had broken down twice in 12mths and stated I wanted a replacement and that I understood my statutory rights were with the KC not the under the MF . They agreed to intervene and said they would come back in a couple of days with a way forward. The way forward was that the freezer was to be replaced and the manufacturer would be in touch to arrange an installation visit as under the terms of the guarantee, any post sale intervention has to be with their approved engineers or the guarantee was void. This is in an email exchange between me and the kitchen company (KC). The freezer was installed by the manufacturers engineer after three weeks.
3rd failure
2.5 years after the purchase of the original freezer but only 1.5 years after the receipt of the new freezer, it failed again in the exact same way. I contacted the KC and they said I needed to claim under the MG. I did and they said the labour element of the guarantee had now lapsed so I would have to pay for the labour element of the visit or I could buy a new warranty. I said I did not want a repair, I wanted a replacement by an alternative model as after having lost three full loads of food and already having accepted a repair and replacement, I felt I had been reasonable but that it was evident there was an inherent fault with the control panel and a repair or like for like replacement was no longer acceptable. They declined and so I went back to the KC and said my contract was with them and that I was rejecting the freezer under CRA15. I explained that the freezer was available for them or the manufacturers to inspect but neither took me up on the offer.
They initially came back and said that under clause 16 of their contract it states that appliances are not covered by their guarantee and as such the only options on the table were those offered by the manufacturer, which they felt were reasonable. I replied drawing their attention to section 26 of their contract which said that my statutory rights were not affected by anything in the contract and that being the case, as I had contracted to and paid them, it was them that needed to refund me and not the manufacturer.
They them came back to me and said that they had consulted with their legal team and the manufacturer as the manufacturer had replaced the freezer upon the 2nd failure, it had a different serial number to that provided by them and so I had no recourse from them, any claim was against the manufacturer.
I responded saying my contract was with them and as such they were responsible for effecting the solution and not under the terms of the MG. I offered them the opportunity to use their trade account to buy an alternative make of freezer, of comparable range and they declined. It was a burning hot summer and in that notice before action, I stated that if they could not help me, I would buy a new freezer and put on a claim with the small claims court for a refund of the monies paid for the freezer, the associated small claims costs, interest and for the final load of food lost (£200). They stuck to their guns and said the responsibility lay with the manufacturer. I had emailed the manufacturer, and they advised me that anything above their two offers was with the KC with whom my rights remained.
I have issued a claim in the small claims court as per the above and I am aware that there could be a deduction made for my 2.5 years use of the freezer but I asked that the judge considers not applying the discount for use as the freezer had broken down on three occasions, I had offered various alternatives that would be less costly for the KC, I had lost the use of my freezer for approximately 2 months during the 2.5 years and that I had lost three full loads of food, only the last of which I was claiming for. I had also had to take 5 days off work to be available for the engineer.
I have copies of all the communications, including a list of the final lost contents of the freezer, with photos/videos and some receipts.
In their defence the kitchen company have sent a video of a one sided telephone conversation where the kc can be heard saying that if they do not replace the freezer I will come after them and confirming that the manufacturer will only leave the two solutions on the table which both offer a potential repair and which I have rejected. You have no idea who they are talking to, when or for how long, you simply have to take their word that they are talking to the manufacturer.
I am now concerned that they are so adamant they are right, what do you think please?
.
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